SHELDON KRESLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-02-10
No. 4-86-2685
LETTS and GUNTHER, JJ., concur., ANSTEAD, J., dissents in part with opinion.
522 So. 2d 408 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

LETTS and GUNTHER, JJ., concur.

ANSTEAD, J., dissents in part with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting in part.

I believe the trial court erred in admitting evidence of other crimes committed by the appellant, and erred in sentencing as to the extent of the departure from the sentencing guidelines. See Booker v. State, 514 So. 2d 1079 (Fla.1987).


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    …was not sought, nor noticed for hearing by, the appellees. Such abuse was particularly manifest in the case wherein the Martins occupied the status of defendants invoking their Fifth Amendment right. See In re Forfeiture of $13,000.00 U.S. Currency, 522 So. 2d 408 (Fla. 5th DCA 1988). In view of our disposition of the first issue on appeal, the second is moot. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH. HARRIS and DIAMANTIS, JJ., concur.…

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